"Imposing VAT on Internet Delivered Information and Services"

WHAT IS THE EU VAT DIRECTIVE?

The EU "E-Business Directive" (Council Directive 2002/38/EC) came into effect on 1st July 2003. The effect of this directive was to implement the imposition of VAT in on Internet delivered information or services within the EU. This amounted to a tariff of between 13% and 25% on items such as software or music downloads any transactions as part of online auctions and subscriptions to internet service providers, sold over the internet anywhere within the European Union.

By Council Directives 2006/138/EC (adopted 19th December 2006) and 2008/8/EC (adopted 12 February 2008) these VAT arrangements were extended until 31st December 2009.

However the introduction of Council Regulation (EC) 792/2002 which temporarily amended Regulation (EEC) 218/92 (administrative co-operation in the field of indirect taxation (VAT), subsequently included in Regulation (EC) 1798/2003) introduced additional measures for the registering for VAT purposes of e-service traders established outside the Community and for distributing the VAT receipts to the Member States where the services were utilised.

This introduction removed a significant competitive handicap as EU suppliers were no longer obliged to levy VAT when supplying digital products on markets outside the EU. The VAT rules for non-EU suppliers selling to customers within the Union remained unchanged, with the VAT paid by the importing company under reverse charge arrangements.

From 1st January 2015, this Directive will also provide that VAT on telecommunications, radio and television broadcasting and electronic services by a supplier established within the Community to non-taxable persons also established within the Community will be charged in the Member State where the customer belongs.

DOES IT AFFECT YOU?

This Directive applies to non-EU companies and thus if your company is based outside the EU and providing Internet delivered information or services within the EU you should read this as failure to register and account for VAT could render you or your company liable to criminal prosecution for tax evasion, money laundering, false accounting or similar offences.

ABOUT VAT

Value Added Tax (VAT) is a general consumption tax assessed on the value added to goods and services.

It is a general tax that applies, in principle, to all commercial activities involving the production and distribution of goods and the provision of services. It is a consumption tax because it is borne ultimately by the final consumer. It is not a charge on companies. It is charged as a percentage of price, which means that the actual tax burden is visible at each stage in the production and distribution chain. It is collected fractionally, via a system of deductions whereby taxable persons (i.e. VAT-registered businesses) can deduct from their VAT liability the amount of tax they have paid to other taxable persons on purchases for their business activities. This mechanism ensures that the tax is neutral regardless of how many transactions are involved.

EU VAT REGISTRATION

Non-EU vendors must register for VAT in one of the European Union Member States.

The VAT authorities of the Member State in which the Non-EU vendor has registered will remit VAT collected to the states in which sales have been made.

The rate of VAT and rules relating to VAT vary from state to state. Sample rates of VAT:

Madeira 22%

Luxembourg 15%

UK and the Isle of Man 20%

Sweden 25%

Denmark 25%

The home address of every customer will need to be obtained, the rate of VAT applied will be dependent on that information and records would have to be maintained for the VAT authorities. Establishing the location of all customers and their VAT status could be an administrative nightmare.

Mike Lambourne, VAT director at accountant Ernst & Young, says: "The EU directive is quite specific about what hoops a company must jump through to qualify for single registration. It can't be just a brassplate operation."

ADVANTAGES OF ESTABLISHING A SUBSIDIARY WITHIN THE EU

An option for Non-EU vendors lacking an EU subsidiary or a fiscally inconvenient EU subsidiary is to establish a subsidiary in a Member State where VAT is low or there exists other fiscal or operational advantages.

The establishment of a subsidiary within the EU circumvents the need to clarify the location of each customer as local VAT regulations would apply and the subsidiary would be regarded as a normal EU enterprise.

Luxembourg

AOL and Amazon have business units in Luxembourg, which has one of the lowest rates of VAT in Europe at 15%.

Luxembourg benefits from a stable political and financial situation and a highly skilled and multilingual workforce, many international e-commerce companies are already transferring or are considering transferring their e-commerce activities to Luxembourg, which will give them a considerable competitive advantage.

Isle of Man

The Isle of Man has benefited from long-term political and economic stability. By relocating your e-business to the Isle of Man, you can benefit from low rate of taxation, as well as VAT and customs unions with the European Union. The Island has an excellent communications network. E-businesses that relocate to the Isle of Man may also be eligible for government grants.

UK

VOES ("VAT On e-Services") is a special VAT scheme for non-EU businesses providing electronically supplied services to EU consumers (that is, private individuals and non-business organisations). The scheme provides an optional, simplified means of registering and accounting electronically for EU VAT with effect from 1 July 2003. To prevent the need for such non-EU businesses registering in every EU member state where they supply customers, this special scheme allows them to register and account for EU VAT in a single EU member state of their choice.

Disclaimer: Whilst every effort has been made to ensure that the details contained herein are correct and up-to-date, it does not constitute legal or otherprofessional advice. OCRA Worldwide does not accept any responsibility, legal or otherwise, for any errors or omission.